United States District Court, W.D. Wisconsin
OPINION AND ORDER
WILLIAM M. CONLEY District Judge.
Lance Michael Stampfli originally filed a complaint against
defendants PACCAR and Wisconsin Kenworth in the Portage
County Circuit Court for breach of warranty. (See
dkt. #1-1.) The defendants filed a timely notice of removal
to this court, alleging diversity jurisdiction based on
Stampfli's fraudulent joiner of defendant Wisconsin
Kenworth. (See dkt. #1.) Stampfli then
sought remand (dkt. ##6-7), which defendant PACCAR opposes.
September 2016, Stampfli, a Wisconsin resident, purchased a
new 2017 Kenworth model t880 truck for $193, 925 from
Wisconsin Kenworth, a Wisconsin limited liability company
whose sole member, CSM Companies, Inc., is a Wisconsin
corporation, with its principal place of business in Madison,
WI. Wisconsin Kenworth appears to be an authorized dealer of
Kenworth Truck Company (“Kenworth”) trucks, parts
and service, as well as PACCAR engines, parts and service.
Plaintiff alleges that the truck he purchased was
manufactured or distributed by PACCAR, “a foreign
business corporation licensed to do business in the State of
Wisconsin, ” with its principal place of business in
Bellevue, Washington. (Compl. (dkt. #1-1) ¶¶ 2,
motor vehicle purchase contract between Stampfli and
Wisconsin Kenworth states that the truck was “sold AS
IS, ” with “the dealer assum[ing] no
responsibility for any repairs” and
“disclaim[ing] implied warranties of merchantability
and fitness for a particular purpose.” (Purchase
Contract (dkt. #2-1) 1.) The contract also twice specifies
that the “[d]ealer is not a party to any manufacturer
purchase, Stampfli also received a Kenworth Limited Warranty
and a PACCAR Engine Limited Warranty. The Kenworth limited
warranty provides in part:
Truck Warranty (dkt. #2-2) 1.) The PACCAR limited warranty
Engine Warranty (dkt. #2-3) 1.) Both warranties are signed by
Wisconsin Kenworth's “Director of Fleet
Sales.” (Kenworth Truck Warranty (dkt. #2-2) 2; PACCAR
Engine Warranty (dkt. #2-3) 2, 4, 5.) Nevertheless, PACCAR
maintains that its authorized dealer Wisconsin Kenworth was
not a party to either warranty.
Alleged Breach of Express Warranty
has identified thirteen problems that he alleges constitute
A. The Truck's steering wheel is not straight.
B. The Truck drifts right or left when it should proceed
straight. . . .
C. Sometimes the power takeoff does not engage and it does
not engage above the third gear.
D. Sometimes the Truck will not exceed approximately 2 mph
[when] the power takeoff is engaged, making it impossible to
perform a typical “dump and run” . . . .
E. The Truck's transmission “clunks” between
the 7th and 8th [g]ears. The transmission sometimes
“skips.” F. The Truck's ...